KALYANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner being aggrieved by the judgment of conviction and order of sentence dtd. 22/8/2014 in Criminal Case No.581/2009 on the file of Additional Civil Judge and JMFC, Aland and also its confirmation order dtd. 3/1/2019 in Criminal Appeal No.34/2014 on the file of III Additional District and Sessions Judge, Kalaburagi, wherein the petitioner has been convicted for the offences punishable under Ss. 324, 326 and 504 OF Indian Penal Code.

(2.) Brief facts of the case are as under: The complainant is the resident of Darga Shiroor and he was doing motor winding work and it was his livelihood. It is stated in the complaint that on 19/7/2009 at about 4-00 p.m., when he was in his house, his wife had informed him that, the accused had scolded her, when she had been to bring firewood. After hearing the same, the complainant searched for the accused and he found that the accused was standing in front of the shop of one Rayappa Ghanti. The complainant went near the shop and asked the accused as to why he had scolded his wife. There was exchange of the words taken place between them and it was pacified at that time.

(3.) It is further alleged that on 20/7/2009, when the complainant had been to Aland to the hospital and came back to the village and was proceeding in front of hotel of Sri Rajendra S/o Sirguppa Ghanti to go to his house, the accused restrained the complainant and started assaulting with stick on his right jaw, lips and caused bleeding injuries and also assaulted on the left wrist, right hand and back etc., at that time, Sri Shivanand and Ashok intervened and pacified the matter. After the incident, the complainant lodged a complaint for the offences punishable under Ss. 324 and 504 of IPC and after completing the investigation, submitted the charge sheet under Ss. 324, 326 and 504 of IPC.